Post Tagged with: "copyright"

Copy Taste by Maik Meid (CC BY-SA 2.0) https://flic.kr/p/ezjkBi

Fairness Confirmed: Copyright Board Deals Another Blow to Access Copyright

In the aftermath of the Supreme Court of Canada’s 2012 copyright pentalogy that strongly affirmed the importance of user’s rights and the need for a broad, liberal interpretation for fair dealing, Access Copyright insisted that the decisions did not mean what they said. While educational groups developed reasonable fair dealing guidelines based on the decisions (along with earlier decisions such as the CCH case and the inclusion of education within the fair dealing purposes in 2012 reforms), Access Copyright argued that the copying required its licence and that fair dealing guidelines based on general percentages could not be used.

Last Friday, the Copyright Board of Canada issued its latest decision on the application of fair dealing to educational copying, providing yet another resounding blow to Access Copyright’s view of copyright. The Board created a tariff for copying in K-12 schools that was a fraction of what the copyright collective had wanted. It initially asked for $15 per full time student. By the time the issues had been fully assessed, the Board granted a tariff of $2.46 per student for 2010-2012 and $2.41 for 2013-2015. That rate is not only far lower than Access Copyright had demanded, but is nearly half of what was previously certified for the period from 2005-2009 (which was set at $4.81). The Board minced no words in explaining the reduction:

February 22, 2016 — 8 comments — News

The Trouble With the TPP, Day 24: Missing Balance on IP Border Measures

The day after Canada signed the TPP (and a Leger poll found huge opposition to the agreement’s IP and ISDS provisions), the shift toward consultation and study can continue in earnest. Chrystia Freeland, Canada’s Minister of International Trade, used the signing to emphasize once again that signing is not the same as ratifying and that the government is committed to a robust Parliamentary and public review of the agreement.

The Trouble with the TPP series continues today with another example of the lack of balance in the text. An earlier post noted how in the TPP rights holders’ provision are often mandatory, while those for users are treated as optional. The lopsided approach is also evident in the border measures rules. This week I discussed the expansion of border measures provisions without court oversight, which could lead to customs officials being asked to make difficult legal assessments on whether to detain goods entering the country.

February 4, 2016 — 1 comment — News

Fair Access: Striking the Right Balance on Education and Copyright

Academic Matters, a semi-annual publication that explores issues related to higher education, has just published a pair of essays on education, fair dealing, copyright, and collective licensing. Roanie Levy, the Executive Director of Access Copyright, wrote an essay in support of the role of her copyright collective. I wrote the other essay, arguing that emerging forms of access for copyrighted works lessens the value of the Access Copyright licence.

The full piece – Fair Access: Striking the Right Balance on Education and Copyright – can be found here. I conclude that:

any [copyright law] review must account for the millions being paid by educational institutions for access and the modest interpretations of fair dealing law in Canada, which have resulted in copying guidelines that are still more restrictive than those found in some other countries. Indeed, a fair review of the current system reveals that the problem facing Access Copyright is not that copies are not valued, but rather that in light of new forms of access and the evolution of the law, its licence is no longer valuable.

January 22, 2016 — 2 comments — News

Laboratory by Derek Bruff (CC BY-NC 2.0) https://flic.kr/p/ieiWeh

Access Copyright Demands Higher Royalties Due to Education Investment in Technology

When the Supreme Court of Canada issued its SODRAC v. CBC decision last fall, critics warned that the decision may be anti-technology. The majority of the court ruling included a paragraph in which it suggested that users that invest in new technologies may be required to share some of the benefits with copyright holders:

Where the user of one technology derives greater value from the use of reproductions of copyright protected work than another user using reproductions of the copyright protected work in a different technology, technological neutrality will imply that the copyright holder should be entitled to a larger royalty from the user who obtains such greater value. Simply put, it would not be technologically neutral to treat these two technologies as if they were deriving the same value from the reproductions.

The danger with the decision should be immediately obvious as it creates disincentives to invest in new technologies. I argued in a post on the decision:

January 19, 2016 — 1 comment — News

Fotografía Oficial al interior del Cosmovitral Jardín Botánico by Presidencia de la República Mexicana (CC BY 2.0) https://flic.kr/p/kgu5oW

The Trouble with the TPP, Day 6: The Price of Entry

An examination of the Trouble with the TPP copyright provisions would not be complete without discussing how Canada reformed its law before entering the negotiations as part of the price of admission to the TPP talks (prior posts include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks, Day 3: Copyright Term Extension, Day 4: Copyright Notice and Takedown Rules, Day 5: Rights Holders “Shall” vs. Users “May”). The pre-TPP reforms must surely be considered part of the cost of the agreement even if proponents now argue that the TPP is consistent with (the reformed) Canadian law.

Canada was not an initial participant in the TPP negotiations. The Harper government began working on entry into the TPP in 2009, leading to a formal request for participation in the negotiations in 2011. The U.S. held a consultation on Canada’s proposed entry into the TPP a year later, resulting in the IIPA, the lead lobby group for the movie, music, and software industry, urging the U.S. government to keep Canada out of the negotiations until a copyright bill was passed that satisfied U.S. expectations. The Canadian government responded by promising to pass the law and noting that it had also signed the Anti-Counterfeiting Trade Agreement (ACTA). The U.S. demands had an enormous impact on the contents of the Canadian copyright bill, particularly the retention of restrictive digital lock rules that were at the very top of the U.S. priority list.

January 11, 2016 — 4 comments — News